WRITTEN QUESTION E-0710/02 by Brian Simpson (PSE) to the Commission. Proposed closure of Smurfit Corrugated in Warrington, UK.
Date: 2002-03-15
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, cessation of trading, labour law, multinational enterprise, social dialogue, worker consultation

C 172 E/224

Official Journal of the European Communities

EN

18.7.2002

In an earlier reply to written question E-3259/97 by Mrs. Wemheuser (2), the Commission noted that a
wide variety of equipment could potentially be used for purposes of torture. Moreover, it is not always
possible to determine in advance to what use equipment will be put. The Commission is therefore of the
opinion that it is not feasible to apply a differential treatment,
in the context of these directives, to
equipment that could potentially be used as an instrument of torture.

However, further to previous replies on that subject, in particular to written questions E-0446/02 by Mrs
Banotti (3) and E-0470/02 by Mrs. Scallon (4), and in order to take into account the concerns of the
for a Council Regulation
Honourable Members,
inhuman or degrading
concerning trade in equipment that may be used for torture or other cruel,
treatment or punishment. The aim of this Regulation is amongst others to impose controls on exports of
equipment which may be used for such purposes in a third country which will in principle include electric
shock equipment and stun guns.

the Commission is currently preparing a proposal

Finally, as regard the application of the European Code of Conduct on arms exports vis-à-vis electro-shock
equipment, the list of items to which this Code is to be applied is found in the Council Declaration of
13 June 2000 (5), and does not include such equipment.

(1) OJ L 220, 30.8.1993.
(2) OJ C 158, 25.5.1998.
(3) OJ C 160 E, 4.7.2002, p. 217.
(4) OJ C 160 E, 4.7.2002, p. 218.
(5) OJ C 191, 8.7.2000.

(2002/C 172 E/241)

WRITTEN QUESTION E-0710/02

by Brian Simpson (PSE) to the Commission

(15 March 2002)

Subject: Proposed closure of Smurfit Corrugated in Warrington, UK

Can the Commission investigate, as a matter of urgency, the proposed closure of Smurfit Corrugated in
Warrington, UK? In view of the fact that this company is a multinational employing 16 000 workers in
Europe, has failed to consult with the workforce, is refusing to call together the company works council
and may use savings from the closure to invest in another plant, can the Commission ensure that all
European directives and regulations are upheld and that the company engages in consultation and
meaningful negotiations with the workforce?

Answer given by Ms Diamantopoulou on behalf of the Commission

(19 April 2002)

The Commission would point out that several Community Directives stipulate procedures for informing
and consulting workers’ representatives that may be applicable when enterprises are closed down,
especially Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member
States relating to collective redundancies (1), and Council Directive 94/45/EC of 22 September 1994 on the
establishment of a European Works Council or a procedure in Community-scale undertakings and
Community-scale groups of undertakings for the purposes of informing and consulting employees (2). In
addition, another Directive has just been adopted (3) on 11 March 2002 by the Parliament and the Council
in order to complete the Community rules in this area.

The first two Directives have been implemented into the national legal orders of the Member States. It is
up to the competent national authorities to assess whether they are properly implemented in each case.

(1) OJ L 225, 12.8.1998.
(2) OJ L 254, 30.9.1994.
(3) OJ L 80, 23.3.2002.